Often the most important element of a personal injury claim are the general damages allowed for “pain and suffering” that make the claimant financially whole after the case is settled. But, what exactly is pain and suffering? According to the courts, pain...
Not all car accidents produce serious injuries. In fact, minor auto accident injuries are more commonly reported than serious injuries in general. And this number could actually be increased if all injured parties were more diligent about pursuing financial...
Statistics have shown that many auto accidents are the result of distracted driving by one or more parties involved in an accident. The numbers have increased dramatically over the past two decades with the popularity of the hand-held cell phone. Even...
Truck accident injury claims can be among the most complicated cases adjudicated in the North Carolina court system. The contributory negligence law in the state gives a distinct advantage to the truck driver and their employer as well as trucking insurance companies...
Driving an automobile without liability insurance is a very risky proposition for any vehicle owner. Accidents happen at a moment’s notice, and even when the uninsured driver does not cause the accident, the fact they were uninsured will be a real issue in court...
All accident victims are required by law to prove their assertions of damages resulting from a mishap when pursuing financial compensation. Even though the burden of proof is set in civil cases as a preponderance of the evidence as opposed to the reasonable doubt...
Common causes of truck accidents on NC highways include: Distracted Driving Driver Error Driver Fatigue Equipment Malfunction Highway Rules and Regulations Violations Truck accidents are the most horrific vehicle mishaps that happen on North Carolina highways. They...
Personal injury lawyers may not always be needed in certain accident injury claims that have clear issues of liability, but when should you hire a personal injury lawyer? Many personal injury victims are reluctant to retain a personal injury attorney when they have a...
Waiting on an auto accident injury settlement can be a long and frustrating experience. There are multiple factors that could enhance the delay, most of which are connected to who is actually at fault for causing the accident leading to the injuries. The extent of...
Determining the facts after a car accident can be difficult, especially when the case heads to court. Fault isn’t always clear, and even police reports sometimes leave questions unanswered. That’s where witness statements can play a vital role—whether from bystanders,...
Most accident victims are left in a serious predicament of having to rehabilitate their injuries while at the same time wondering how long it will take to be compensated financially. The truth is that it takes a significant amount of time for many claims to be...
The construction industry is easily one of the most dangerous occupations in North Carolina. Projects commonly require workers to be placed in elevated work environments and around large equipment both on the ground and well overhead when major buildings and other...
All North Carolina personal injury claims are subject to NC’s statute of limitations law. The statute of limitations is in place primarily to prevent frivolous lawsuits and establish a time frame for reasonable duty of care responsibility for defending parties,...
Being injured on a construction job site can be different from many other injury claims. There are often significant technical questions concerning how an injury occurred, especially when a worker is performing job tasks without any help from potential coworker...
Repetitive motion injuries are easily the most commonly denied workers’ compensation claims that North Carolina workers’ compensation lawyers handle. It is difficult for an employer to deny an injury that is directly associated with an accident, but...
It isn’t always easy for family members and friends of those requiring residency in nursing homes to realize when elder abuse is occurring. Nursing facility management officials are very conscious of potential lawsuits for neglect and often take steps to cover...
Not all workplace injuries happen quickly due to an accident. There are many cases involving repetitive motion disorders, such as carpal tunnel syndrome, that develop slowly over time or situations where a seemingly minor injury manifests over time and worsens to a...
Personal injury claims typically begin with a claim submitted to a respondent party with details regarding the injury and how it occurred. In certain situations such as auto accident injuries, the parties will expect the filing well in advance of any litigation that...
One of the most difficult processes involved in a personal injury case settlement or lawsuit if a case goes to court is arriving at the proper amount of financial compensation for the claimed injuries. Physical injury is not the only issue in severe injury claims...
The Covid 19 pandemic that gripped the United States and the entire globe left every business owner with a potential dilemma of being exposed to potential civil lawsuits as well as being exposed to contracting the disease. Patrons of all businesses throughout North...
In this car accident claims article, our lawyer covered 5 reasons why your car accident claim in North Carolina might be denied. Here are 5 more reasons: As a state with at-fault automobile insurance laws, North Carolina places financial responsibility for damages on...
Just like most other states require, North Carolina vehicle owners are mandated to have liability insurance on any vehicle they use on the highway. The problem is that many motorists in the state still drive without protection, and occasionally they are involved in...
No one wants to be in an accident when there are no other parties to pursue damages due to negligence. That is exactly what happens in most accidents when a motorist strikes a deer on the road. The only time there can even be a remote possibility of a negligence claim...
Being injured in an auto accident is always a negative experience, especially when it happens due to the negligence of a drunk driver. It is never a good decision to get behind the steering wheel of a vehicle when having consumed any alcohol, but those who are beyond...
A maximum damage award is the ultimate goal of any aggressive personal injury lawyer in North Carolina. The state contributory negligence law is such that only total fault cases will result in financial recovery, which sets the stage for major damage awards in court...
When searching for a lawyer after a car accident, injured drivers or passengers may search for the Best Car Accident Lawyer near me. It is a convenient way to locate nearby services. In cases of auto collisions, injured drivers may not have their usual access to a...
A North Carolina employer can require employees to get a Covid-19 vaccine as a condition of their employment. The power to require vaccinations is similar to that for requiring safety helmets at a construction site, or protective clothing at a meatpacking plant;...
Testimony in a North Carolina personal injury trial is fairly rare, as clients often settle their cases and do not get a chance to testify in court. Cases can settle early during the discovery process or after depositions. Parties can settle during the later stages...
All personal injury lawsuits are focused on the payment of damages for the financial imposition caused by the specific injuries. Those damages are categorized in the legal system and apply to certain life issues as a basis for claimant demands. The three general...
Nursing home abuse can be a very difficult claim to prove in a court of law for a variety of reasons. Some of them begin with the damage control that facilities utilize internally where the patients stay continually. Facility management officials can set visitation...
Each state has the authority to establish parameters for insurance protection when workers within the state get injured on the job. Workers’ compensation insurance in North Carolina is designed primarily for workers who have only one place of employment, so...
Witnesses can be vital to the processing of court cases of all types, and they are as important in civil cases as they are in criminal cases. Some witnesses are considered experts in their field such as testimony from a master’s degree holder or a medical...
A car accident can involve a mix of personal injuries and property damage. Severe injury cases can require hospital stays and emergency medical care. Milder injuries may cause pain and discomfort and a term of treatment. Personal injury attorneys gladly help with...
Workers’ compensation injury claims are not always as simple as some injured workers may think. Workers’ comp insurance companies can be diligent when investigating and denying injury claims, and many times their counterarguments in denied claims are based...
Truck accidents are often unique in how they occur. However, they do fall into general categories in most situations. Even when the primarily responsible driver is operating a standard vehicle, truck drivers can also often contribute to causing the accident in a...
Professional truck drivers are supposedly the best drivers on the highways. They go through extensive training and certification before being issued a commercial classified driver’s license. Included in their training is knowing exactly what to expect when they...
Being involved in an auto accident can create apprehension and confusion for all involved parties. Even innocent bystanders can be witnesses to horrific events. Those who are actually in the accident can also suffer serious incapacitating injuries and be unconscious...
Insurance claims adjusters are professional negotiators who are trained in the art of deceiving claimants in various methods that will encourage them to either accept a low quick settlement offer or convince them that they do not have a claim. North Carolina...
Nursing home elder abuse can be a difficult issue to detect for many families with loved ones who are in a care facility. While many skilled nursing facilities can look impressive from the outside to the novice visitor, the fact is that they are only as good as the...
Filing a social security claim is the first step towards getting relief from the financial difficulty that comes with a disability. Across the state, the social security offices deny a high number of claims. Disabled persons have a right to appeal a denial and clients...
Worker’s compensation is an insurance system that provides medical care and wages to North Carolina employees injured on the job. Workers’ compensation is no-fault insurance provided by employers for employees. Employees do not have to show that someone else was...
North Carolina is an at-fault state. It is one of four states in which injured people cannot recover if they contribute in any way to their injury. The contributory negligence rule in North Carolina is a pure contributory negligence rule. To collect damages, the...
Personal injury claims involve physical injuries and the costs of medical care to treat them. Physical injuries interfere with work and income; if you are a business owner or self-employed, then an injury can reduce or stop your business activities. The advice of...
North Carolina law provides workplace insurance against injuries that occur in the course of employment. The North Carolina Worker’s Compensation law applies to employers with three or more employees and provides payment for medical treatment and lost wages resulting...
Premises liability injury claims naturally tend to increase in the winter months when ice and snow are common in certain regions of North Carolina. This is assuredly the case in the more mountainous areas, but slip and fall accidents can happen in typical walking...
There is clearly a significant difference between an insurance agent and a loss claims adjuster when dealing with your insurance provider. Their duties within the scope of operation for the insurance company are completely different, and clients rarely see the claims...
The typical insurance claimant is often at a loss for understanding the legal responsibilities of their insurance company when something happens that generates the need to file a claim. Insurance agents are commonly cordial to all clients at the time of a policy...
Some workplace injury claims can have elements that make it ripe for the employer or their insurance provider to be suspicious about the claim. Both the employer and their workers’ compensation insurance provider have the responsibility and authority to...
Being injured at work can create major apprehension and disruption in the wrong situation. Not only does the victim worker have to recover from the injury, but they often have difficulties in maintaining an income due to the inability to work. The workers’...
Intent is a basic component of the law in both criminal and civil cases in North Carolina. In criminal cases, intent is typically necessary to establish the level of criminal activity such as determining whether a crime is a misdemeanor or a felony. Individuals can...
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